Published tribunal order
Tenancy Tribunal case 5150671 — Rent arrears at 7C Ashgrove Road, Mangere, Auckland 2022
Decided 31 Mar 2025 · Published 31 Mar 2025 · Application 5150671
Landlord favoured
- Rent arrears
Order
- Rachael June Iosua (the tenant) owes Aspire Property Services Limited As Agent For Sunil & Kath Patel - S&KR Patel Family Trust (the landlord) $1,787 being rent arrears of $1,760.00 as at 3 April 2025 and the filing fee on this application of $27.00 (“the debt”).
- By Friday 4 April 2025 the tenant will owe a further $780 for rent bringing the total debt to $2,540.
- By Friday 11 April 2025 the tenant will owe a further $780 for rent which will bring the total debt owed to $3,320 less the payment in order 4a below which if made will bring the total debt owed to $2,920.
- Rachael June Iosua must pay rent and the debt as follows: a. A payment of $400 on Wednesday 9 April 2025 to reduce the debt then owed to $2,140; b. No payment is required on Friday 11 April 2025, but the debt then owed will be $2,920 including further rent owed to that date and provided the payment in order 4a is made; c. A further 23 weekly payments of $905.00, being $780.00 for rent and $125.00 for the debt will be due every Friday, with the first payment commencing on Friday 18 April 2025 and continuing every Friday thereafter until 19 September 2025; d. A final payment of $852.00 will be made on 26 September 2025, being $780.00 for rent and $72.00 for the debt.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 7C Ashgrove Road, Mangere, Auckland 2022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent on time and falling into arrears. On 16 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has continued a pattern of being in arrears since October 2024 and this has continued after the 14-day notice was served.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination with the landlord’s consent. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.